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Madras High CourtWP/27367/2022disposed of with direction

M.Eswari v. The District Collector

2022-10-13Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI E. Eswari .. Petitioner Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Assistant Director, District Survey and Land Registry, Krishnagiri District, Krishnagiri.

3. The Revenue Divisional Officer, Hosur, Krishnagiri District.

4. The Tahsildar, Shoolagiri Taluk, Krishnaagiri District.

5. The Sub-Collector, O/ Sub-Collectorate, Hosur, Krishnagiri District

6. Tmt.T.K.Shanthi .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus directing the respondents, particularly the Respondents 3 to 5 to cancel the Patta No.434 issued in favour of the 6th Respondent without proper supporting documents and also mistakenly subdivided with my properties, situated at Mallchandiram Village, Shoolagiri Taluk ( Formerly Hosur Taluk), Krishnagiri District, comprised in (a) Punja Survey No.80/1 to an extent of 0.43 vcents ( 3.52.5 hectors) and (b) Punja Survey No. 80/3 to an extent of 0.071⁄2 cents ( 0.26.5 hectors) and issue patta in petitioner's favour on the basis of petitioner's representations dated 20.06.2022,22.06.2022,11.07.2022 and 26.08.2022 and pass orders. For Petitioner : Mr. R. Thanjan For Respondents : Mr. U. Bharanidharan, AGP

O R D E R

This writ petition is filed seeking a direction to the respondents to consider the petitioner's representation and pass orders.

2. The case of the petitioner is that the petitioner is in possession and enjoyment of the subject property. The further case of the petitioner is

that the revenue records was wrongly mutated in favour of the 6th respondent. Hence the petitioner made a representations to the official respondents herein and the authorities concerned. However no action has been taken till date. Without having no other option, the petitioner has filed the present writ petition before this Court.

2. The learned counsel for the petitioner submitted that this Court may issue a direction to the 4th respondent to consider the petitioner's representation dated 20.06.2022 within the stipulated time as fixed by this Court.

3. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader and perused the materials available on record.

4. Considering the facts and circumstances of the case and the limited request made by the petitioner, this Court direct fourth respondent to

consider the representation dated 20.06.2022 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioners as well as counter parties if any.

5. With the above observation, the writ petition is disposed of. There shall be no order as to costs.

13.10.2022 smn Index : Yes/No Internet : Yes/No To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Assistant Director, District Survey and Land Registry, Krishnagiri District, Krishnagiri.

3. The Revenue Divisional Officer, Hosur, Krishnagiri District.

4. The Tahsildar, Shoolagiri Taluk, Krishnaagiri District.

5. The Sub-Collector, O/ Sub-Collectorate, Hosur, Krishnagiri District

M.DHANDAPANI, J.

smn 13.10.2022